Schleifer v. Toronto (City), 2009 HRTO 136

Human Rights Tribunal of Ontario

B E T W E E N:

Cheryl Schleifer

Applicant

-and-

City of Toronto, John Janson and Sandra Cuff

Respondents

RECONSIDERATION DECISION

Adjudicator: David A. Wright

Date: February 6, 2009

Citation: 2009 HRTO 136

Indexed as: Schleifer v. Toronto (City)

Reasons for Decision

1Yesterday, the Tribunal issued a Decision dismissing this Application on the basis that it was outside the Tribunal’s jurisdiction because the Ontario Human Rights Commission had not approved the settlement. Counsel for the Commission immediately advised the Tribunal that the settlement had in fact been approved, and provided confirmation that the correspondence to this effect was faxed to the Tribunal on December 11, 2008. It appears that the correspondence was misplaced within the Tribunal’s processing system. I express the Tribunal’s apologies to the parties and the Commission for the error.

2Rule 26.9 provides that the Tribunal may reconsider a decision on its own initiative where it considers it advisable and appropriate to do so. As the decision was not based on accurate information, it is appropriate to reconsider it. I find that, in light of the approval of the settlement by the Commission, the Tribunal does have jurisdiction over this Application. The previous decision shall not be reported.

3The Application shall be scheduled for hearing. I am not seized of this matter.